C2005/6164, Transcript of Proceedings [2006] AIRCTrans 729 (9 May 2006)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 14929-1

COMMISSIONER BLAIR

C2005/6164

LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
AND
BARLOWORLD COATINGS (AUST) PTY LTD
s.99 - Notification of an industrial dispute
(C2005/6164)

MELBOURNE

11.09AM, THURSDAY, 27 APRIL 2006

PN1

MR J COONEY: Appearing on behalf of the LHMU. With me, MR B MURPHY. If the Commission pleases.

PN2

MR J FRASER: From Barloworld Coatings Australia, appearing with MR J EID.

PN3

THE COMMISSIONER: Thanks Mr Fraser. Yes Mr Cooney?

PN4

MR COONEY: Yes Commissioner. The parties have thought the best way of handling this is to give an opening spiel then break into conciliation. So I'll, given it's our application I'll lead off. The dispute involves a agreement and the negotiations leading up to that agreement. The agreement itself, it's an agreement, nationwide agreement applying to Barloworld sites around Australia involving the LHMU. It was actually negotiated with our national office and Barloworld.

PN5

With any national agreement you have specific sites and what comes out of that, comes out of that. But in the negotiations leading up to the agreement, there was an issue regarding public holidays and payment of shifts.

PN6

What had happened previously in the Glen Waverley site, was that where employees aren't actually rostered to work on a public holiday, they do get paid for that public holiday, for that shift minus 45 minutes. The position in the negotiations was that that would continue into the new agreement. Certain negotiations were spoken between the parties at the locality itself. We were given assurances at the locality itself and agreement that employees who work the 10 hour shift on the public holiday would get paid for nine hours and 15 minutes.

PN7

We were given assurances on that. Come the time of the certification, that didn't actually happen. It was reeled back to eight hours. Now naturally enough we're concerned about this course of events. Certainly the express words of an agreement override everything else. We can delve into the legalities of it. The Trade Practices Act. There's authorities about section 52. Misrepresentations made in variations of negotiations but what we are here today is to really – we don't want to get into the legalities of it too heavily. We are looking at this to resolve it industrially.

PN8

What we are looking for is the verbal negotiations conducted between the relevant parties are abided by on this issue and into the future. That is our position today. I must say that the dealings with the LHMU and Barloworld are very good, very good relationship on the whole but this is an issue that has caused us some concern.

PN9

THE COMMISSIONER: You've got a good relationship – would a group hug settle things?

PN10

MR COONEY: A good pub?

PN11

THE COMMISSIONER: A group hug.

PN12

MR COONEY: A group hug?

PN13

THE COMMISSIONER: Not quite. No. Okay. Mr Fraser?

PN14

MR FRASER: Thank you Commissioner. In response to Mr Cooney's statement, the disputes resolution procedure has been followed throughout the entire dispute. I would just like to bring to your attention, Commissioner, back on 21 December we had a phone hook-up or a phone conference with all of the relevant parties involved in the dispute. Both representatives from the union or from the Victorian branch and also the national branch were involved. It was our understanding, Commissioner, from that phone conference that this matter had been resolved.

PN15

There were some follow up messages that I left with both Mr Hogan from the LHMU and Mr Cooney in early January, following on from our phone conference in December. The commitment that we gave, Commissioner, in the phone conference on 21 December, was around the 10 hour shift roster. At that point in time that option wasn't a viable one for the company and what we agreed to do was if we wanted to revisit that again in the future, we would develop a working party to look at a range of issues.

PN16

Obviously the payment on public holidays is an issue. There were also a number of other issues in terms of the impact that a 10 hour shift would have on the payroll system and changes that would be needed to be made to that. Other issues in terms of hours of work, rosters, breaks, what happens when an employee has a rostered day off.

PN17

So there are a whole range of issues that needed to be worked through in relation to the 10 hour shift arrangement and the commitment that we gave, Commissioner, was when we were looking at that proposal then we would get a working party together to discuss those issues but when we had the phone hook-up, the 10 hour shift wasn't really a viable option for the business at that point in time.

PN18

THE COMMISSIONER: Right.

PN19

MR FRASER: Thank you Commissioner.

PN20

THE COMMISSIONER: Thank you. All right. The Commission will go into conference thanks.

<SHORT ADJOURNMENT [11.14AM]
<RESUMED [11.44AM]

PN21

THE COMMISSIONER: The Commission has had an opportunity to have a conference with the parties. Arising from that conference the Commission will put on transcript what it understands to be an agreement between the parties and that is that the Commission's made its view known that the agreement is the agreement.

PN22

However if at some point in the future, the parties wish to negotiate the implementation of a 10 hour shift or some other shift, then the Commission would make itself available in a facilitative process and it would visit the site for those discussions, to assist the parties in those discussions and those discussions will be between management and a working party involving employees direct and their union. The Commission's role will not be as an arbitrator but as I have indicated, a facilitative position which the Commission is quite accustomed to.

PN23

The Commission also notes that there appears to have been some very good work being done at the plant to develop a very good relationship between the employees and management and it's the Commission's desire and I'm sure it's the desire of all parties, that that relationship be continued to be developed so that there is a proper understanding of the day to day workings and the day to day concerns of the employees and any discussions concerning any application of particular shifts is in no way designed to undermine what should be a very good ongoing working relationship. The Commission will stand adjourned.

<ADJOURNED INDEFINITELY [11.46AM]